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British Columbia Family Law Practice, 2024 Edition + E-Book

This book covers the Divorce Act, the Child Support Guidelines, the B.C. Child, Family and Community Service Act, the Family Law Act and other federal and provincial family legislation.

Publication Language: English
Book + eBook
$185.00
Quantity

Hardcover + E-Book | 2,716 pages | Annual – Standing Order Terms Apply

In Stock
Published: November 30, 2023
ISBN/ISSN: 9780433529880

Product description

British Columbia Family Law Practice, 2024 Edition is once again your unique, comprehensive source for all the annotated legislation that a B.C. family law professional needs. This new edition reflects recent court approaches in interpreting and applying the Divorce Act, the Child Support Guidelines, the B.C. Child, Family and Community Service Act, the Family Law Act and other federal and provincial family legislation. It also continues to offer the original Ministry interpretations of every FLA provision, as well as cross-references to help you negotiate the legislation.

What's New In This Edition

  • Amendments to the Adoption Act and Regulations; Child, Family and Community Service Regulation; Family Law Act Regulation; Court Order Interest Act; Family Orders and Agreements Enforcement Assistance Act; B.C. Provincial Court Rules and other Family Law-related legislation
  • Updated annotations to reflect B.C. Court of Appeal decisions (and important lower court decisions) handed down since the previous edition, on such topics as:
    • Exclusive authority of director under FMEA to enforce a registered maintenance order (Lipskaya v. Guo)
    • Addition of non-family claims to a family law case (Turcotte v. Godine)
    • Test for disclosure of business records in family litigation (O.S.M. v. J.A.K.)
    • Entered order must be before court on application for appeal, variation, clarification or reconsideration of order (Cowan v. Williams)
    • Application of special costs and double costs in family litigation (C.J.H. v. Q.T.)
    • Test for legal separation under FLA (Gupta v. Kumar)
    • Effect of periods of separation and reconciliation on enforceability of property division agreement; valuation date relative to cohabitation agreement; FRA applying to pre-FLA property litigation (Bingham)
    • Adverse inference resulting from lack of disclosure not constituting proof of value of or title to family assets (Wang v. Jiang)
    • Effect of common law spouses keeping property separate pursuant to oral agreement; waiver of spousal support in pre-FLA separation agreement; scope of FLA, s. 213 (Sperring v. Shutiak)
    • Timing of valuation for determining unfairness (Yunusova v. Naimi)
    • Whether appeal of an order for interim relief qualifies as a "limited appeal order" under CAR (McMillan)
    • Availability of non-compensatory spousal support (Fawbert)
    • Shifting onuses on relocation applications; effect of long-standing interim order (Link v. Lenskyj)
    • And more!

Unique Features

  • E-book format – Access the information you need, whenever and wherever you need it, on your computer or mobile device
  • Fully annotated Divorce Act – Featuring comprehensive case law coverage from across Canada, along with case law, cross-references and commentary annotations of all the other statutes, the federal Child Support Guidelines and practice rules
  • Explanations of key sections of the Divorce Act, Child Support Guidelines, and Family Law Act – Featuring comprehensive case law coverage from across Canada with cross-references to the B.C. Supreme Court Family Rules
  • Full text of the Spousal Support Advisory Guidelines & User's Guide – Introduction by Trudi Brown, Q.C., and cases showing how they have been applied
  • Federal Child Support Guidelines tables for British Columbia – Extensive case annotations, making the child support quantum numbers readily accessible
  • Expert-written practitioner's notes – Alerting you to key cases and statutory provisions, including case law to help interpret the Family Rules
  • Scan-friendly limitations table – To ensure filing deadlines are met

An Invaluable Reference for

  • Family lawyers and mediators who need legislation, practice rules and key cases in one convenient, portable format
  • Judges who require an authoritative source of all pertinent national and provincial jurisprudence
  • Students of Family Law who want to easily access and understand jurisdictional complexities
  • Legal clerks and assistants who need accessible forms and a reliable procedural limitations table to meet all filing timelines

Contributing Author: Andrew James

 

Featured Authors

Table of contents

 Limitations Table

Part I – Substantive Law
1: Federal Legislation and Regulations
Divorce Act (Annotated) and Regulations
Federal Child Support Guidelines (Annotated) and Table
Civil Marriage Act
Assisted Human Reproduction Act
Marriage (Prohibited Degrees) Act

2: British Columbia Legislation and Regulations
Adoption Act (Annotated) and Regulations
Child, Family and Community Service Act (Annotated) and Regulation
Family Law Act (Annotated)
Family Relations Act (Parts 5 and 6 - Annotated)
Marriage Act
Name Act
Vital Statistics Act

3: Miscellaneous Statutory Provisions
Law and Equity Act (B.C.) (s. 60 - Annotated)
Canada Pension Plan (ss. 53–55.3)
Income Tax Act (ss. 56, 56.1, 60, 60.1(1)–(4), 252(1)–(4))
Court Order Interest Act

Part II – Enforcement
1: Federal Legislation and Regulations
Family Orders and Agreements Enforcement Assistance Act and Regulations
Garnishment, Attachment and Pension Diversion Act (ss. 2, 3, 31–47)

2: British Columbia Legislation and Regulations
Family Maintenance Enforcement Act and Regulation
Interjurisdictional Support Orders Act and Regulation
Land (Spouse Protection) Act
Partition of Property Act (s. 6 - Annotated)

Part III – Practice Rules
B.C. Supreme Court Act, s. 18
B.C. Supreme Court Family Law Rules (Annotated)
B.C. Provincial Court (Family) Rules (Annotated)
B.C. Provincial Court (Child, Family and Community Service Act) Rules
B.C. Court of Appeal Act and Rules
Family Law Practice Directions

Appendices
1. B.C. Family Mediators contact information
2. Spousal Support Advisory Guidelines: The Revised User's Guide
3. Federal Child Support Guidelines (Simplified Tables) (pre-November 2017)